American Lithographic Co. v. Werckmeister
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment in favor of the defendant in error, who was plaintiff below, entered on the verdict of a jitry for $10,000 in a qui tarn action brought to recover the money penalties for violation of section 4965, Rev. St. U. S. (U. S. Comp. St. 1901, p. 3414), relating to copyrights.
1Per curiam
This cause was here before on a writ of error to review a judgment in favor of plaintiff. After overruling the other exceptions then presented, we reversed and remanded the cause for a new trial on the ground that there was not in the record competent legal evidence to support the verdict; much of the testimony offered by plaintiff having been excluded by the trial court on the mistaken theory that it was privileged. 146 Fed. 377, 76 C. C. A. 649. Upon the second trial the excluded testimony was admitted.
Upon the present appeal we see no reason tojmodify in any way our former ruling that the…
2Cases cited2 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- American Lithographic Co. v. WerckmeisterCourt of Appeals for the Second Circuit · 1906
3Cited by1 opinion
- Trombetta v. Van AmringeNew York Supreme Court · 1935